Section 1448-F. Returns to be secret


Latest version.
  • 1. Except in accordance with proper
      judicial order or as otherwise provided by law, it shall be unlawful for
      the treasurer or  any  officer  or  employee  of  the  county  or  town,
      including  any  person  engaged  or  retained on an independent contract
      basis, to divulge or make known in any manner the particulars set  forth
      or  disclosed  in any return required under a local law enacted pursuant
      to this article. However, nothing in this  section  shall  prohibit  the
      recording  officer  from  making a notation on an instrument effecting a
      conveyance indicating the amount of tax  paid.  No  recorded  instrument
      effecting a conveyance shall be considered a return for purposes of this
      section.
        2.  The officers charged with the custody of such returns shall not be
      required to produce any of them or evidence  of  anything  contained  in
      them  in  any action or proceeding in any court, except on behalf of the
      county or town in any action or proceeding involving the collection of a
      tax due under a local law enacted pursuant to this article to which such
      county or town is a party, or a claimant, or on behalf of any  party  to
      any  action  or  proceeding  under the provisions of a local law enacted
      pursuant to this article when the returns or  facts  shown  thereby  are
      directly  involved  in such action or proceeding, in any of which events
      the court may require the production of, and may admit in  evidence,  so
      much  of said returns or of the facts shown thereby, as are pertinent to
      the action or proceeding and no more.
        3. Nothing in this section shall be construed to prohibit the delivery
      to a grantor or grantee of an instrument effecting a conveyance  or  the
      duly  authorized  representative  of a grantor or grantee of a certified
      copy of any return filed  in  connection  with  such  instrument  or  to
      prohibit  the  publication of statistics so classified as to prevent the
      identification of particular returns  and  the  items  thereof,  or  the
      inspection  by  the  legal representatives of such county or town of the
      return of any taxpayer who shall bring action to set aside or review the
      tax based thereon.
        4. Any officer or employee  of  such  county  or  town  who  willfully
      violates  the  provisions of this section shall be dismissed from office
      and be incapable of holding any public office in this state for a period
      of five years thereafter.
        * NB Repealed December 31, 2025